High Court Kerala High Court

Abraham.K.Thomas vs State Of Kerala Represented By on 7 September, 2009

Kerala High Court
Abraham.K.Thomas vs State Of Kerala Represented By on 7 September, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1798 of 2006()


1. ABRAHAM.K.THOMAS, KARIMKUTTIYIL HOUSE,
                      ...  Petitioner
2. MATHEW ABRAHAM, DO.
3. M.T.ABRAHAM, DO.

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.P.R.VENKATESH

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN

 Dated :07/09/2009

 O R D E R
                     C.N.RAMACHANDRAN NAIR &
                                V.K.MOHANAN, JJ.
                ....................................................................
                         Writ Appeal No.1798 of 2006
                ....................................................................
                Dated this the 7th day of September, 2009.

                                       JUDGMENT

Ramachandran Nair, J.

Appellant claimed interest for belated payment of bill amount by

Government. In fact, the matter is coming up before this court in the

second round. It is seen from the judgment of the learned Single Judge

that in the first round the matter went up to the Supreme Court and the

Supreme Court directed the petitioners to move before appropriate

court claiming interest, if they are eligible. The petitioners again filed

representation before the Government and approached this court for a

direction to consider the representation. Obviously petitioners want to

get over the judgment of the Supreme Court and want the matter to be

settled in writ proceedings. The learned Single Judge, however,

declined relief by clarifying that civil suit is the right remedy. We do

2

not find any ground to interfere with the judgment of the learned Single

Judge. Consequently Writ Appeal is dismissed.

C.N.RAMACHANDRAN NAIR
Judge

V.K.MOHANAN
Judge
pms